Findings - DR - 2013 - DR-10-13 - Modify The Exterior Building Elevations/Revise The Parking/Update Landscaping/Kings BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW TO MODIFY THE EXTERIOR )
BUILDING ELEVATIONS,REVISE THE PARKING,AND)
UPDATE THE LANDSCAPING FOR THE OLD KING'S )
BUILDING AND SITE FOR GUHO CORPORATION )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-10-13
The above-entitled design review application came before the Eagle Design Review Board for their action
on April 11, 2013. The Design Review Board having heard and taken oral and written testimony, and
having duly considered the matter,makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Guho Corporation, represented by Kent Krohn with LKV Architects, is requesting design
review approval to modify the exterior building elevations of the Old King's Building. This
application also includes revising the parking and updating the landscaping for the site. The
3.24-acre site is located on the northeast corner of West State Street and Eagle Glen Lane at
300 West State Street.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on March 7, 2013 and additional
information on March 21, 2013.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on March 27, 2013, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Downtown CBD(Central Business District) Multi-tenant building
Proposed No Change No Change No Change
North of site Mixed Use R-10 (Residential) Residential
South of site Downtown CBD (Central Business District) Daycare/multi-tenant
building
East of site Downtown CBD (Central Business District) Office building
West of site Downtown CBD (Central Business District) Office buildings
G. DESIGN REVIEW OVERLAY DISTRICT: The site is located in the TDA(Transitional Development
Area).
H. EXISTING SITE CHARACTERISTICS:
There is an existing 31,752-square foot building located on this site with associated parking
improvements and landscaping. There is a five (5) foot wide sidewalk adjacent to West State
Street and North Eagle Glen Lane on the south and west sides of this development.
I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 3.24-acres(141,134-square feet) 0.01-acres(500-square feet)
Percentage of Site Devoted to 22%(approximately) 20%(minimum)*
Building Coverage 85%(maximum)*
Percentage of Site Devoted to 11%(approximately) 10%(minimum)
Landscaping
Number of Parking Spaces 150-parking spaces 127-parking spaces(minimum)
Front Setback 250-feet(south) 10-feet(minimum)*
25-feet(maximum)*
Rear Setback 50-feet(north) 0-feet(minimum)
Side Setback 48-feet(east) 0-feet(minimum)*
10-feet(maximum)*
Side Setback 41-feet(west) 0-feet(minimum)*
10-feet(maximum)*
*Note:Lot coverage and setbacks when located within the TDA overlay district.
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J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Existing Buildings: One building;multi-tenant commercial.
Height and Number of Stories of Proposed Buildings: 33' 8"high; one story.
Gross Floor Area of Proposed Buildings: 31,752-square feet.
On and Off-Site Circulation:
A 52,640-square foot (approximately) paved parking lot provides parking for vehicles using this
site. One 31-foot wide and one 26-foot wide driveways are located on the south side of this site
approximately 100-feet and 200-feet (respectively) east of North Eagle Glen Lane providing
access to West State Street. One 26-foot wide driveway is located on the east side of this site
approximately 220-feet north of West State Street providing access to North Eagle Glen Lane.
One 28-foot wide driveway is located on the east side of this site approximately 8-feet south of the
north property line providing access to North Eagle Glen Lane.
K. BUILDING DESIGN FEATURES:
Roof: Composition Shingle Roof(Tamko-Rustic Slate)
Walls:Dryvit(Columbia Paint—Straford Brown),
Windows/Doors:Existing store front windows and doors
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are existing trees located around the
perimeter and within the parking lot. The trees have been poorly trimmed over the years and have
poor structure and shape.
Tree Replacement Calculations:N/A
Proposed Tree Mix(Species&Number):To be reviewed by the Design Review Board
Street Trees: The applicant is not proposing any street trees along West State Street or North Eagle
Glen Lane.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones:N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Perimeter landscaping is proposed around the perimeter of the site.
b. Interior Landscaping: 10%interior landscaping is required, 10%is proposed.
M. TRASH ENCLOSURES:
Two 140-square foot trash enclosures are proposed to be located just north of the building
approximately 170-feet east of North Eagle Glen Lane. The enclosures are proposed to be
constructed of CMU walls with metal gates,all painted to match the colors of the building.
N. MECHANICAL UNITS:
The applicant is proposing to use the existing roof top mechanical units. The roof top units will be
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screened by the existing parapet walls on the south, east,and west building elevations.No ground
mounted mechanical units are proposed and none are approved.
O. OUTDOOR LIGHTING:
A site and parking lot light plan showing location, height,and wattage is required to be reviewed
and approved by the Zoning Administrator prior to issuance of any building permits.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application is required for
the approval of any signs.
Q. PUBLIC SERVICES AVAILABLE:
Preliminary approval letters from Central District Health Department and Eagle Fire Department
have been received by the City. A water service approval has not been received to date. Approval
of the water company having jurisdiction will be required prior to issuance of a building permit.
R. PUBLIC USES PROPOSED: None
S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists
T. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern-none
Evidence of Erosion-no
Fish Habitat-no
Floodplain-no
Mature Trees—yes—very poor shape and structure due to poor pruning practices.
Riparian Vegetation-no
Steep Slopes-no
Stream/Creek-no
Unique Animal Life-no
Unique Plant Life-no
Unstable Soils-unknown
Wildlife Habitat-no
U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):Not
required
V. AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein by
reference. Comments,which appear to be of special concern, are noted below:
Central District Health—No objections.
Chevron Pipe Line Company—No conflicts.
Eagle Fire Department—No opposition; however, a complete of building plans shall be submitted
for review and approval by the Eagle Fire Department prior to any building permits being issued.
Idaho Department of Lands -No impact on State Trust Lands at this time.
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Idaho Transportation Department—No objection.
Middleton Irrigation Association, Inc. and Middleton Mill Ditch Co.—Outside their service area.
W. LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• The Comprehensive Plan Land Use Map(adopted 02-03-11)designates this site as:
Downtown
Suitable primarily for development that accommodates and encourages further expansion
and renewal in the downtown core business area of the community. A variety of business,
public,quasi-public,cultural,residential and other related uses are encouraged. The
greatest possible concentration of retail sales and business is to occur in this land use
designation. Pedestrian friendly uses and developments are encouraged. Land within this
district is the only place to utilize the CBD zoning designation. Other zones within
Downtown Eagle may include Mixed Use,Residential,Commercial and Professional
Office.
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2A-3: EFFECT OF OTHER PROVISIONS:
If any provision of this article is found to be in conflict with any other provision of any zoning,
building, fire safety or health ordinance or other provision of this code,the provision which
establishes the higher and/or more restrictive design standard shall prevail.However,in order
to foster rehabilitation of older districts and comply with unforeseen future needs of the
overlay districts,the design review board may, at their discretion, suspend or relax some or all
requirements found in this article,if the design review board determines a particular site,
setting, or use to be of historical significance.
• Eagle City Code Section 8-2A-6(A)(5):
Utilities:Utility service systems shall not detract from building or site design. Cable, electrical,
and telephone service systems shall be installed underground, and the design review board
shall consider:
a. Size and location of all service systems for appropriate appearance and maintenance
accessibility,
b. The location and design of transformers,pad mount and roof mounted mechanicals and
electrical equipment shall be reviewed and approved by the design review board. All roof
mounted mechanicals shall be completely screened from view through the use of a parapet
wall when utilizing a flat roof design or shall be enclosed within the building when
utilizing a roof design other than a flat roof. "Screened from view" shall mean"not
visible"at the same level or elevation of the parapet wall(e.g.,the perspective generally as
shown on an elevation plan);
c. The location and sizes of all utility lines,manholes,poles,underground cables,gas
lines,wells,and similar installations; and
d. The continued maintenance of these service systems.
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• Eagle City Code Section 8-2A-6(D)(1):
Purpose:To serve as an area of future expansion to the central business district as market
demands grow and to provide an area to accommodate public parking and service to the
central business district.
• Eagle City Code Section 8-2A-6(D)(2)(d):
Orientation: Shall be designed so that at least seventy percent(70%) of the building's ground
level,street facing facades are constructed to abut and be oriented to a public sidewalk or
plaza.
• Eagle City Code Section 8-2A-6(D)(2)(e):
Accessibility. Shall be visually and physically accessible to the pedestrian at the sidewalk or
plaza level.
• Eagle City Code Section 8-2A-6(D)(2)(f):
Facade: All buildings shall include a"storefront" on the ground floor consisting of a minimum
of fifty percent(50%)glass.Floors above the main floor shall have a minimum of twenty five
percent(25%)glass.
• Eagle City Code Section 8-2A-6(D)(3):
a.Front building setbacks from the property line shall be a minimum of ten feet(10')to a
maximum of twenty five feet(25').
b. Side building setbacks may be zero feet(0')so as to tie into adjoining structures or ten feet
(10')maximum where ties to adjoining structures are not desirable.
• Eagle City Code Section 8-2A-6(D)(4)Parking:
a. Continuous front parking areas(off street)along State Street and Eagle Road is not
permitted.
b. Limited direct access to parking areas from State Street or Eagle Road is allowed.
c. Shared drive access points to parking shall be used wherever possible.
d. Encourage shared parking.
e. Off street public parking areas may be required. Where these facilities occur adjacent to
existing residential development, a continuous six foot(6')high masonry wall with landscape
treatment or a separate landscape barrier will be required to mitigate sound and visual impact.
Safe pedestrian and bicycle connections between the residential neighborhood and the off
street parking area should be provided if feasible.
f. On street parking is allowed.
• Eagle City Code Section 8-2A-6(G) Streetscape:
1. Street trees shall comply with the requirements contained in section 8-2A-7 of this article.
Any tree located within a concrete area shall include tree grates and tree wells as depicted on
the tree well and tree grate exhibit within the EASD book.Root barriers shall be required to
limit future sidewalk damage from tree roots.
2. The specific style of streetlight poles within the DDA, TDA, CEDA, and in the locations
specified in subsection G6 of this section, shall be as depicted on the streetlight exhibit within
the EASD book.
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3. The specific style of streetlight lamps within the DDA, TDA, CEDA, and in the locations
specified in subsection G6 of this section, shall be as depicted on the streetlamp exhibit within
the EASD book.
4. Streetlights within the DDA and TDA shall be located a maximum distance of one hundred
feet(100')apart except as specified in subsection G6 of this section. Said streetlights are not
required to be located in alignment across the street from each other.
• Eagle City Code Section 8-2A-6(G)(13):
Sidewalks within the TDA shall be a minimum of ten feet(10')wide and shall abut the curb or
shall be a minimum of eight feet(8')wide with a ten foot(10')wide landscape strip between
the sidewalk and curb. If the sidewalk alternative which abuts the curb is utilized it shall be
constructed to match the sidewalk exhibit within the EASD book,consisting of smooth and
textured concrete with a"running bond"brick pattern. "Bulb outs" shall be constructed
generally as shown on the bulb out exhibit within the EASD book and shall be required at all
intersections, except that bulb outs shall not extend into any roadway designated as an arterial
or collector as shown on the Ada County long range highway and street map unless otherwise
approved by the highway district having jurisdiction. A reduced sidewalk section may be
permitted if the design review board finds that the preservation of existing trees warrants a
reduction. In no case however shall the sidewalk be reduced to less than six feet(6')in width.
• Eagle City Code Section 8-2A-7(C)Existing Vegetation
1. Retention Of Existing Trees:Existing trees shall be retained unless removal is approved in
writing by the city. Where trees are approved by the city to be removed from the project site
(or from abutting right of way)replacement with an acceptable species is required as follows:
Existing Tree Replacement
1 inch to 6 inches caliper 2x caliper of tree removed
61/4 inches to 12 inches 1.5x caliper of tree removed
•
121/4 inches or more Ix caliper of tree removed
In all cases,planting within public rights of way shall be with approval from the public and/or
private entities owning the property.
Example: An eight inch(8")caliper tree is removed, an acceptable replacement would be three
(3)4-inch caliper trees or four(4) 3-inch caliper trees.
• Eagle City Code Section 8-2A-7(J)(2)(c):
To conceal outdoor storage areas,trash receptacles,exposed equipment associated with any
commercial or industrial activity, and off street loading when adjacent to or in view from a
residential activity or public street right of way, a five foot(5')wide by six foot(6')high
landscaped buffer is required.
• Eagle City Code Section 8-2A-7(M)(2):
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In all required applications, excluding residential developments,one street tree,selected from
the approved tree list in subsection Q of this section, shall be planted per thirty five(35) linear
feet of street frontage.
C. DISCUSSION:
• The applicant is requesting design review approval to modify the exterior building elevations of
the old King's building. The exterior building renovations will follow the Craftsman style of
architecture as described in the EASD book. Multiple gables will intersect the south building wall
and will extend beyond the parapet wall,providing greater depth to the covered walkway.
Horizontal siding and shingles will be utilized in the new gables with lattice style gable vents. The
existing columns under the covered walkway will be finished with masonry bases and cedar. A
new pergola and plaza area are proposed in the center of the south building elevation Benches
and concrete planter pots will be located under the pergola.
The applicant is also requesting approval to revise the parking lot and update the existing
landscaping for the site. The majority of the landscaping on this site is old, overgrown, and has
been poorly pruned over the years,thus creating poor structure and shape to the trees. The
applicant is proposing to remove all the trees and shrubs located within the parking lot and along
the western, eastern, and southern boundaries of the site. Due to the unorthodox pruning practices
to the trees,the applicant is not proposing replacement mitigation for any of the trees being
removed from this site. The parking will be modified from angled parking to ninety degree
parking with new landscape islands constructed and planted in accordance with Eagle City Code.
New landscaping will be installed along the eastern,western, and southern boundaries of the
parking lot.
• The applicant is proposing to construct a ten(10)foot wide sidewalk along West State Street
incompliance with the sidewalk design within the EASD book;however,they are not proposing
street trees with grates with these improvements. Also,the sidewalk improvements are shown to
terminate approximately 80-feet west of the western most driveway on West State Street. Pursuant
to Eagle City Code, street trees are required to be planted every thirty five(35)linear feet of street
frontage within tree wells with tree grates. The applicant should be required to provide a revised
landscape plan showing the ten(10) foot sidewalk extending around the northeast corner of West
State Street and North Eagle Glen Lane to intersect with the north/south sidewalk along North
Eagle Glen Lane. The revised plan should also show street trees planted every thirty five(35)
linear feet of frontage with tree grates along West State Street. The revised landscape plan should
be reviewed and approved by staff and two members of the Design Review Board prior to the
issuance of a zoning certificate.
• There are several areas of the code which this site does not comply with regarding the building
setbacks,percentage of glass,orientation to public sidewalks or plaza area,etc. While the exterior
building elevations are being updated to comply with one of the architectural styles within the
EASD book,the building footprint will remain as it exists today; thus,the building does not meet
the setbacks required of buildings within the TDA overlay district. Since the building is setback
250-feet north of the south property line,the building is not located abutting the streetscape along
West State Street. Nor is a plaza area proposed for a minimum of 70%of the building frontage.
The existing storefront windows total approximately 22%,which does not meet the 50%glass that
is required on buildings within the TDA overlay district.
Pursuant to Eagle City Code, in order to foster rehabilitation of older districts and comply with
unforeseen future needs of the overlay districts,the design review board may, at their discretion,
suspend or relax some or all requirements found in this article,if the design review board
determines a particular site,setting, or use to be of historical significance. Staff defers comment
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regarding the revised building elevations,parking lot configuration, and new landscaping to the
Design Review Board.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site
specific conditions of approval and the standard conditions of approval provided within the staff
report.
PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on April 11, 2013, at
which time the Board made their decision.
B. Oral testimony in opposition to this proposal was presented to the Design Review Board by no one.
C. Oral testimony in favor of this proposal was presented to the Design Review Board by no one (not
including the applicant/representative).
BOARD DECISION:
The Board voted 4 to 0 (Grubb, Comstock,and Hull absent)to approve DR-10-13 for a design
review application to modify the exterior building elevations,parking, and landscaping for the old
King's building for Guho Corporation,with the following staff recommended site specific
conditions of approval and standard conditions of approval with text shown with strike thru to be
deleted by the Board and text shown with underline to be added by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. The applicant shall explore moving the phone pedestal located at the southwest corner of the project in
order to continue the ten(10) foot wide sidewalk around the corner to North Eagle Glen Lane. A
revised landscape plan showing the sidewalk continued around the corner onto North Eagle Glen Lane
or documentation from the phone company shall be submitted for review and approval by staff and one
member of the Design Review Board prior to issuance of a zoning certificate.Provide a rev:sed
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3. Provide detailed cut sheets showing the style,wattage,height, luminaries,etc.to be used for the
parking lot lights. The detailed cut sheets shall be reviewed and approved by staff and one member of
the Design Review Board prior to the issuance of a zoning certificate for this site.
4. All ground mounted transformers,cable,and phone boxes shall be screened by landscaping per Eagle
City Code.
5. Submit payment to the City, at the time of building permit submittal,for all Engineering fees incurred
for reviewing this project.
6. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
7. Submit payment to the City, at the time of building permit submittal,for the Planning and Zoning plan
review.
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8. No ground mounted mechanical units are proposed with this application and none are approved.
9. The height of the parapet walls on the east,west,and south building elevations are approved. The
north building elevation is exempt from screening the roof top mechanical units. Rooftop mechanical
10. Paint all electrical meters,phone boxes, etc. located on the building to match the color of the building.
11. No signs are proposed with this application. A separate design review application is required prior to
installation of any signs on this building or site.
12. The building elevation plan and the site/landscape plan date stamped by the City on March 7, 2013,
and March 21, 2013 (respectively)are approved.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho
Transportation Department, including but not limited to approval of the drainage system,curbs,
gutters,streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of a Zoning Certificate for this site.
2. Idaho Department of Health&Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District&Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy,whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources shall be submitted to the City prior to issuance of any building permits
or Certificate of Occupancy,whichever occurs first.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to
furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project
for service,prior to issuance of any building permits or Certificate of Occupancy,whichever occurs
first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage;or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first. A copy of the construction drawing(s)shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site.Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy,whichever occurs first.
The plans shall show how swales,or drain piping,will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk,prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District.Construction
of the storm drain disposal system shall be complete before an occupancy permit is issued.
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8. No ditch,pipe or other structure or canal,for irrigation water or irrigation waste water owned by an
organized irrigation district,canal company,ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that any
ditch rerouting,piping, covering or otherwise changing the existing irrigation or waste ditch(1)has
been made in such a manner that the flow of water will not be impeded or increased beyond carrying
capacity of the downstream ditch; (2)will not otherwise injure any person or persons using or
interested in such ditch or their property; and(3) satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
9. Encroachments including,but not limited to,landscaping, fencing, lighting, and/or pathways shall not
be located within any easement or right-of-way for any ditch,pipe or other structure,or canal used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district,canal company, ditch association, or other irrigation entity associated with such
ditch,pipe or other structure, or canal. The applicant shall submit a copy of the written approval from
the irrigation entity prior to the City Clerk signing the final plat.
10. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer(if applicable)prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer,for the purpose of
installing and maintaining street light fixtures,conduit and wiring lying outside any dedicated public
right-of-way,prior to issuance of any building permits or Certificate of Occupancy,whichever occurs
first.
The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy.
11. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
12. The parking area shall be paved and shall be maintained in good condition without holes and free of all
dust,trash,weeds and other debris.
13. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs
first. The letter shall include the following comments and minimum requirements,and any other items
of concern as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet,and 1,500
gallons per minute for non-residential uses(i.e.; Commercial,Industrial,Schools,etc.). Flow rates
shall inspected in accordance with all agencies having jurisdiction, and shall be verified in writing
by the Eagle Fire Department prior to issuance of any building permits or certificate of Occupancy,
whichever occurs first.
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d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first.
14. Any recreation area,greenbelt area or pathway area along the Boise River,Dry Creek or any other area
designated by the City Council or Eagle City Park and Pathway Development Committee for a path or
walkway shall be approved in writing by the Eagle City Park and Pathway Development Committee
prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first.
15. Conservation, recreation and river access easements(if applicable)shall be approved by the Eagle City
Park and Pathway Development Committee and shall be shown on the final plat prior to issuance of a
building permit or Certificate of Occupancy, whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code,pertaining to floodplain and
river protection regulations(if applicable)prior to issuance of a building permit or Certificate of
Occupancy,whichever occurs first.
17. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain(if applicable)from the Corps. of Engineers prior to issuance of a building permit or
Certificate of Occupancy,whichever occurs first.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways(if applicable)from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy,whichever occurs first.
19. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act,Uniform Building Code,Eagle City Code,and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and construction
shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the City
Council.
21. New plans,which incorporate any required changes,shall be submitted for staff approval.Staff may
elect to take those plans to the Design Review Board and the City Council for review and approval.
22. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions,will require submittal of an application for modification and
approval of that application prior to commencing any change.
23. Any modification of the approved design review plans, including,but not limited to building design,
location and details,landscaping,parking, and circulation, must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
24. Any change by the applicant in the planned use of the property which is the subject of this application,
shall require the applicant to comply with all rules,regulations, ordinances,plans,or other regulatory
and legal restrictions in force at the time the applicant or its successors in interest advises the City of
Eagle of its intent to change the planned use of the subject property unless a waiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is
sought.
25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date,as stipulated in Eagle City Code
(one year from the City Council approval date).
26. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
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from view with the use of landscaping(top of the fixture shall be no higher than the surrounding
landscaping). The light source itself shall otherwise be screened as provided for within Eagle City
Code.
27. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights,claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on March 7, 2013.
2. Requests for agencies' reviews were transmitted on March 27, 2013, in accordance with the
requirements of the Eagle City Code.
3. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR-10-13) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review
Overlay District, and based upon the information provided with the conditions required herein,
concludes that the proposed design review application is in accordance with the Eagle City Code and
the Eagle Comprehensive Plan as described herein.
As provided in Eagle City Code Title 8, Chapter 2, Article A, Section 3, Effect of Other Provisions,
the Board recognizes that this site does not comply with several areas of the code regarding setbacks,
location of the building and the parking lot, percentage of glass, street trees, streetscape, landscaping
around trash enclosures, and tree replacement mitigation The Board recommends that the code
sections regarding these items be suspended or relaxed to foster the rehabilitation of this building and
site. The approval of the proposed uses and site improvements will greatly enhance this area of the
city in a positive way by creating a walkable and inviting destination for patrons and passing
pedestrians and vehicles.
4. Will, in fact,constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3,
for the CBD (central business district)zoning district.
DATED this 25th day of April 2013.
DESIGN REVIEW BOARD
OF THE CITY OF r'•GLE
Ada i ty, ' aho
,tt4i444.,�,
Eric cCu lou:h, hairman •.•`' ,,; 1-,,1(:
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ATTEST:
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Sharon K. Bergmann, Eagle City I lerk �� ��'+ "r'!: 0 %tti%
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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